The agreement requires disputes between users and Fitbit to be resolved through final and binding individual arbitration administered by the AAA, prohibiting class actions, consolidated actions, and private attorney general actions. Small claims court and injunctive relief for IP or unauthorized use are excepted.
This analysis describes what Fitbit's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires disputes to proceed through individual AAA arbitration rather than court litigation and prohibits users from participating in class or consolidated proceedings. The terms also require both parties to waive their right to a jury trial in the event arbitration is found inapplicable.
Under this clause, users must pursue any dispute with Fitbit individually through AAA arbitration and cannot participate in class or representative actions. The agreement permits users to opt out of arbitration by emailing optout@fitbit.com within 30 days of first accepting these Terms.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"You agree that any dispute between you and Fitbit arising out of or relating to these Terms of Service, the Fitbit Service, or any other Fitbit products or services (collectively, "Disputes") will be governed by the arbitration procedure outlined below. ... You and Fitbit agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. ... You may only resolve Disputes with Fitbit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.Excerpt from Fitbit's Terms of Service
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This provision requires disputes to proceed through individual AAA arbitration rather than court litigation and prohibits users from participating in class or consolidated proceedings. The terms also require both parties to waive their right to a jury trial in the event arbitration is found inapplicable.
Under this clause, users must pursue any dispute with Fitbit individually through AAA arbitration and cannot participate in class or representative actions. The agreement permits users to opt out of arbitration by emailing optout@fitbit.com within 30 days of first accepting these Terms.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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